Elder Abuse and Fraud in California
The Golden Years of life are typically enjoyed with retirement, grandchildren, and traveling. Seldom is the happiness of these joys shared with unexpected intricacies of aging such as deteriorating health, financial concerns, and family disputes. It is time to relax after a lifetime of work and dedication. Unfortunately, this is not always the case and elders are sometimes abused. Elder abuse happens to be one of the most insidious forms of abuse because it often happens by the persons closest to us: family, caregivers, financial advisors, and other professionals. As despicable and unthinkable as elder abuse may be, it is often undetected for quite some time. If you are a senior who has been victimized, either physically, mentally or financially, Farling, Hecht & Davis, LLP may be able to obtain justice for you in the civil courts.
Call our office today at 408.295.6100.
Example Scenarios of Elder Abuse and Fraud
California, elders are defined as persons 65 years or older. Civil law defines civil elder abuse to mean financial abuse, identity theft, abandonment, isolation, abduction, physical abuse, neglect, or other treatment resulting in physical harm, pain, or mental suffering. It also includes deprivation by a care custodian of goods and services necessary to prevent physical and mental injuries. (Welfare & Institutions Code Section 15610, et seq.).
- A man taking advantage of his aunt’s dementia by diverting her social security checks for his own personal use.
- A caregiver deliberately withholding the medication needed by an elder so as to ransom the medication in order change the elder’s behavior.
- A nursing home worker sexually assaulting an elder.
- A person or business that earns a senior’s trust and then takes advantage of the relationship by misappropriating funds or property of the senior.
Defending the Right and Liberties of Our San Jose Elders
Thankfully, the California legislature has enacted special statutes which allow seniors and their families to seek criminal remedies against wrongdoers who exploit the senior population. But what should you do if you suspect elder abuse? Report it. There is no excuse for elder abuse.
The following links direct you to a sampling of State and Local agencies where you can report Elder Abuse:
| State of California-Long-Term Care Ombudsman Program
| County of Santa Clara- Adult Protective Services (APS)
Telephone: 408-975-4900 or 1-800-414-2002
| County of Santa Clara- District Attorney Elder Fraud Unit
| San Jose Police Department
San Jose Elder Abuse and Fraud Attorneys
Elder abuse is different from the standard personal injury case. The San Jose elder abuse attorneys at Farling, Hecht & Davis, LLP have extensive experience analyzing elder abuse cases step by step to determine who can, at a minimum, be held at least partially responsible. We carefully document every aspect of the case to pursue fair compensation from the offending party. Contact one of our dedicated San Jose elder abuse and fraud prevention attorneys at 408.295.6100 for a free consultation to discuss your case.